19.2-217 - When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused. - Virginia Statutes

§ 19.2-217. When information filed; prosecution for felony to be byindictment or presentment; waiver; process to compel appearance of accused.

An information may be filed by the attorney for the Commonwealth based upon acomplaint in writing verified by the oath of a competent witness; but noperson shall be put upon trial for any felony, unless an indictment orpresentment shall have first been found or made by a grand jury in a court ofcompetent jurisdiction or unless such person, by writing signed by suchperson before the court having jurisdiction to try such felony or before thejudge of such court shall have waived such indictment or presentment, inwhich event he may be tried on a warrant or information. If the accused be incustody, or has been recognized or summoned to answer such information,presentment or indictment, no other process shall be necessary; but the courtmay, in its discretion, issue process to compel the appearance of the accused.

(Code 1950, § 19.1-162; 1960, c. 366; 1975, c. 495.)